§ 4713 — Seizure of real estate by execution after losing lien

Delaware § 4713

• Jurisdiction: Delaware
• Title: 10
• Part: Procedure
• Ch. 47: JUDGMENTS
• Subch.: Lien of Judgments

Text

No real estate shall be seized or taken by virtue of execution process upon any judgment, for the recovery of money, entered or recorded in the Superior Court, after the expiration of the term of 10 years next following the day of entry or recording of such judgment, or, in case the whole or any part of the money for which such judgment was recovered or rendered was not due or payable at or before the time of its entry or recording, the day on which such money became or becomes wholly due and payable. At the expiration of the term of 10 years the lien of such judgment upon real estate shall be lost, unless within the term of 10 years such judgment is renewed and continued by agreement filed or by scire facias sued out in the manner provided in §§ 4711 and 4712 of this title. All the provisions of such sections, not inconsistent with this section, shall be applicable for the renewal or restoration and continuance and preservation of the lien of the judgments mentioned in this section, and as to the force and effect and the loss of such lien.

Legislative History

19 Del. Laws, c. 778, § 3 ; 22 Del. Laws, c. 457, § 3 ; 23 Del. Laws, c. 200, § 3 ; Code 1915, § 4295; Code 1935, § 4767; 10 Del. C. 1953, § 4713